Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
C.SARAVANAN
Swamy Vivekananda Rural Welfare And Educational Trust – Appellant
Versus
Commissioner of Income Tax (Exemptions) Tamil Nadu – Respondent
ORDER :
C.SARAVANAN, J.
In this Writ Petition, the petitioner has challenged the impugned Order dated 29.12.2024 passed by the 1st Respondent / Commissioner of Income Tax (Exemptions), whereby the petitioner’s application dated 25.03.2024 for condoning the delay in filing Form 10B under Section 12A(1)(b) along with the return of income under Section 139 (1) of the Income Tax Act, 1961, has been rejected.
2. The dispute pertains to the Assessment Year 2019-2020. The petitioner had filed the return of income on 25.07.2019, much prior to the last date prescribed for filing of the return, i.e., 30.09.2019. However, under Section 12A(1)(b) as it stood during the relevant period, the petitioner was also required to file an audit report in Form 10B along with the Return of Income. It was however not filed by the petitioner within a prescribed time.
3. During the material period, Section 12A(1)(b) of the Income Tax Act, 1961 read as under:
“12A(1) The provisions of section 11 and section 12 shall not apply in relation to the income of any trust or institution unless the following conditions are fulfilled, namely:-
(b) where the total income of the trust or institution as computed under this Act
Substantial rights under tax provisions should not be denied because of procedural non-compliance, emphasizing the need for leniency in minor delays.
The court established that genuine hardship must be considered in applications for condonation of delay in filing tax-related documents, emphasizing the need for a compassionate approach by authoriti....
The court established that a liberal interpretation of 'genuine hardship' is essential in tax matters, particularly for public charitable trusts, to ensure substantial justice.
The main legal point established in the judgment is that while the CBDT's circular authorized the Commissioner to admit belated applications for condonation of delay for up to 365 days, a special ord....
Taxation - Limitation – Delay of 365 days for filing assessment - Where there is delay of upto 365 days in filing Form No.10B for Assessment Year 2018-19 or for any subsequent Assessment Years, the C....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
